What is the impact of a decision-maker bypassing administrative decision-makers on a constitutional matter such as this?
Canada (Federal), Canada
The following excerpt is from Forest Ethics Advocacy Association v. Canada (National Energy Board), 2014 FCA 245 (CanLII), [2015] 4 FCR 75:
If administrative decision-makers could be bypassed on issues such as this, those appreciations, insights and understandings would never be placed before the reviewing court. In constitutional matters, this is most serious. Constitutional issues should only be decided on the basis of a full, rich factual record: Mackay v. Manitoba, 1989 CanLII 26 (SCC), [1989] 2 S.C.R. 357 at pages 361-363. Within an important regulatory sector such as this, a record is neither full nor rich if the insights of the regulator are missing.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a deficiency in the administration of a pension trust constitute a "fiduciary administration deficiency"? (MultiRegion, United States of America)
What is the effect of a "futile amendment" to the meaning of a constitutional amendment to the constitution in the context of constitutional issues? (MultiRegion, United States of America)
If a prisoner has exhausted his administrative remedies when he receives a decision from the Court of Appeal at the third level of review, can he bypass the process by bypassing a level of appeal? (MultiRegion, United States of America)
Is the need to train police officers in the constitutional limitations on the use of deadly force so obvious that failure to do so would constitute deliberate indifference to constitutional rights? (MultiRegion, United States of America)
Can a plaintiff bring an action in an administrative proceeding against Arnold for failing to exhaust his administrative remedies? (MultiRegion, United States of America)
What is the impact of a federal administrative order requiring the Department of Justice to review and reinstate an affirmative action program approved by a federal district court? (MultiRegion, United States of America)
Does a failure to attend an interview constitute a disciplinary matter? (Canada (Federal), Canada)
Is a prison's administrative review system required to provide a written notification of a matter to the Department of Justice? (MultiRegion, United States of America)
What is the constitutional guarantee of judicial independence and what is the impact of this? (Canada (Federal), Canada)
Does evidence of sexual conduct unrelated to the subject matter of this charge constitute "motive to fabricate"? (Canada (Federal), Canada)
